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The Sales With Buyback Agreement is a sophisticated financing instrument used in the Malaysian market to facilitate asset-based financing arrangements while providing flexibility for asset owners to regain ownership. This document type is particularly valuable when businesses need to unlock capital from their assets while maintaining the ability to reclaim them. It can be structured to comply with both conventional and Islamic finance principles, making it versatile in the Malaysian context. The agreement typically includes detailed provisions on asset valuation, maintenance responsibilities, risk allocation, and specific triggers for the buyback option. This document type is especially relevant in scenarios involving equipment financing, property transactions, or working capital solutions, where temporary transfer of asset ownership is preferred over traditional lending arrangements.

1. Parties: Identification of the seller and buyer, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the seller's ownership of the asset and parties' intention to enter into a sale and buyback arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Asset', 'Buyback Date', 'Purchase Price', and 'Buyback Price'

4. Sale of Asset: Details of the initial sale, including asset description, purchase price, and completion mechanics

5. Payment Terms: Terms and conditions for payment of the purchase price, including payment method and timing

6. Transfer of Title: Provisions regarding the transfer of ownership and risk in the asset

7. Buyback Terms: Specific terms of the buyback arrangement, including price, timing, and conditions precedent

8. Representations and Warranties: Standard representations and warranties from both parties regarding capacity, authority, and asset condition

9. Covenants: Ongoing obligations of the parties during the period between sale and buyback

10. Events of Default: Circumstances constituting default and consequences thereof

11. Termination: Grounds for termination and the consequences of early termination

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

13. Notices: Process and requirements for serving notices under the agreement

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability